• Criminal case

i have filed a criminal complaint under metropolitan magistrate in dwarka court delhi under section 420,467,468,406,471/34 of i.p.c. accompanied with application under section 156(3)c.r.p.c against the accused who sold the same property which was already sold to me by their father through irrecovable gpa with consideration. after their father's death in mutation the property came on their lr's name which they sold to other person knowing i m the owner but the problem is sir court has not filed case against purchaser of the plot but only seller are filed under section 467 and 34 why court has not filed case against purchaser and how to involve they in the criminal case..bcoz in real picture of this case all 4 have planned and executed sell-deed in their favour..on my plot fencing was done,gate was installed, name plate was as there, they know everything about the plot they i m the owner. what i can do against purchaser. thanks
Asked 2 years ago in Property Law from New Delhi, Delhi
you have  to file civil proceedings too against the sellers . make purchasers a party to the proceedings . 

iif in criminal complaint you had made allegations of criminal conspiracy against sellers and purchaser then court would have directed police to investigate their role . it all depends upon averments made in criminal complaint filed by you . in complaint it has to be specifically mentioned that on your plot fencing was erected , gate installed , name plate was displayed and that purchaser was fully aware that the sellers were not owners  of the plot
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
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Hello,
If the matter is still under investigation, then you may include the role of the purchaser in your statements under section 161 CrPC. 

After completion of the investigation, you may include the role of the purchaser in your statements before the court. Once the allegations are included in your court statements, your lawyer may move an application under section 319 CrPC to add the purchaser as an accused party.

Regards,
Nishant
Nishant Bora
Advocate, Jodhpur
111 Answers
31 Consultations
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Hi, it it better you have to file civil case that is the appropriate remedy......in criminal case if the case is proved they will be punished as per the provisions of IPC.....in order to retain the property you have to file civil suit declare that you become the absolute owner by virtue of sale deed.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Contact on 9873109672 for assistance.
Setu Niket
Advocate, New Delhi
47 Answers
20 Consultations
4.2 on 5.0
File a private complaint against the purchasers after collecting evidence and if done already then question the order of the magistrate for not registering the case in higher court. Consult a competent lawyer in your locality.
Sai Kiran R
Advocate, Bangalore
86 Answers
6 Consultations
4.7 on 5.0
A property cannot be sold by any one except the owner. In your case the seller ceased to be the owner the moment the transaction of sale with you was complete. Hence, he could not have sold the property already sold to you.

Did you make the buyer a party to the case that you had filed in the court of the Metropolitan Magistrate? If yes, then the court should have proceeded against him also subject to recording a satisfaction of his culpability in the crime. On what grounds has the court refused to proceed against him? 

You may challenge in the High Court the order of the magistrate inasmuch as he has not proceeded against the subsequent purchaser. The grounds of refusal need a threadbare perusal before any concrete opinion may be formed as to the viability of an appeal being filed against the order.

Apart from the criminal proceedings which you have already initiated against the seller and the purchaser you need to file a civil case for validating your ownership rights in the property.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
Challenge in the High Court the order of the magistrate dropping the proceedings against the buyer.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
it is necessary to go through averments made in criminal complaint to advise . you have not mentioned whether in criminal complaint you have alleged that sellers and purchases have acted in collusion with each other . if you have filed case against the purchaser what is the stage of proceedings ? you have stated that you made application under Section 156(3) also . whether cops have submitted their report .
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
wait for orders  to be passed by court . without going through the order passed by Magistrate it would be difficult to decide your next course of action . if your are aggrieved by the order you can challenge the said order .
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
Wait till 19th March when the judge would pass his order. Without perusing the order it cannot be said what should be the further recourse. If the order goes against you then you may challenge it in accordance with the law.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
Hi, you have to wait what order has been passed by the court.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0

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